Academic

AN OFFER HE COULDN?T REFUSE: Bank of America, Merrill Lynch, and the Fed. ?Some observers say Lewi?

By Glenn Reynolds

AN OFFER HE COULDN’T REFUSE: Bank of America, Merrill Lynch, and the Fed. “Some observers say Lewis?s failure to disclose to his shareholders the extent of the problems at Merrill before the shareholder vote may have constituted securities fraud: a violation of the Securities and Exchange Commission?s rule 10b-5, which prohibits any act or omission resulting in fraud or deceit in connection with the purchase or sale of any security. . . . Although the government?s threat was unprecedented?and would have been almost inconceivable before the collapse of Bear Stearns in March 2008?Lewis argued against challenging Paulson and Bernanke. He also chose not to inform his shareholders or the public about his conversations with Paulson and Bernanke. . . . The most important questions arising from the Bank of America?Merrill Lynch merger do not involve Ken Lewis. They involve Hank Paulson, Ben Bernanke, and the U.S. government. . . . How should businesses and investors think about bond purchases, mergers, compensation, and a range of other activities that are essential to a smoothly functioning economy, but now carry the uncertainty of potential government intervention? Creeping uncertainty of this sort would inevitably slow and distort the economy. It would also lead to charges of crony capitalism and favoritism?indeed, it already has.”

Full post as published by Instapundit.com on August 11, 2009 (boomark / email).